20 Amendments of Isabel BENJUMEA BENJUMEA related to 2021/0250(COD)
Amendment 239 #
Proposal for a directive
Recital 12
Recital 12
(12) The Member States remain the best placed to identify, assess, understand and decide how to mitigate risks of money laundering and terrorist financing, as well as how to fight money laundering and terrorism financing, affecting them directly. Therefore, each Member State should take the appropriate steps in an effort to properly identity, assess and understand its money laundering and terrorist financing risks, as well as risks of non-implementation and evasion of targeted financial sanctions and to define a coherent national strategy to put in place actions to mitigate those risks. Such national risk assessment should be updated regularly and should include a description of the institutional structure and broad procedures of the Member State's AML/CFT regime, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 302 #
Proposal for a directive
Recital 45
Recital 45
(45) All Member States have, or should, set up operationally independent and autonomous FIUs to collect and analyse the information which they receive with the aim of establishing links between suspicious transactions and underlying criminal activity in order to prevent and combat money laundering and terrorist financing. The FIU should be the single central national unit responsible for the receipt and analysis of suspicious transaction reports, reports on cross-border physical movements of cash and on payments in cash above a certain threshold as well as other information relevant to money laundering, its predicate offences or terrorist financing submitted by obliged entities., in compliance with existing legal provisions, such as Directive (EU) 2019/1153 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA, Operational independence and autonomy of the FIU should be ensured by granting the FIU the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions as regards analysis, requests and dissemination of specific information. In all cases, the FIU should have the independent right to forward or disseminate information to competent authorities. The FIU should be provided with adequate financial, human and technical resources, in a manner that secures its autonomy and independence and enables it to exercise its mandate effectively. The FIU should be able to obtain and deploy the resources needed to carry out its functions, on an individual or routine basis, free from any undue political, government or industry influence or interference, which might compromise its operational independence.
Amendment 332 #
Proposal for a directive
Recital 76
Recital 76
(76) In order to facilitate and promote effective cooperation, and in particular the exchange of information, Member States should be required to communicate to the Commission and AMLA the list of their competent authorities and relevant contact details. This list should take into account existing expertise and available networks, such as the expertise gained by Member States' competent authorities and third countries through Europol, in their fight against money laundering/terrorist financing.
Amendment 394 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) the most widespread means used to launder illicit proceeds, including, where available, those particularly used in transactions between Member States and third countries, independently of the identification of a third country or territory pursuant to Section 2 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final];
Amendment 417 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Each Member State shall designate an authority or establish a mechanism to coordinate the national response to the risks referred to in paragraph 1. The identity of that authority or the description of the mechanism shall be notified to the Commission, AMLA, Europol, and other Member States.
Amendment 433 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
In the national risk assessment, Member States shall describe the institutional structure and broad procedures of their AML/CFT regime, including, inter alia, the FIU, tax authorities and prosecutors, level of European and international cooperation with regard to money laundering and terrorist financing, as well as the allocated human and financial resources to the extent that this information is available.
Amendment 450 #
Proposal for a directive
Article 9 – paragraph 2 – point d a (new)
Article 9 – paragraph 2 – point d a (new)
(da) statistical data referred to in Article 19 (3) of Directive (EU) 2019/1153 of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences and repealing Council Decision 2000/642/JHA;
Amendment 557 #
3. Member States shall ensure that, when taking customer due diligence measures in accordance with Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation], obliged entities have timely access to the information held in the interconnected central registers referred to in Article 10. To this end, in the event that consultation of those registers by the obliged entities is deemed to be due, they have to receive free of charge access to the registers.
Amendment 603 #
Proposal for a directive
Article 14 – paragraph 7 – introductory part
Article 14 – paragraph 7 – introductory part
7. National FIUs and competent authorities designated under Directive (EU) 2019/1153 [please insert reference - proposal for a directive amending Directive (EU) 2019/1153 with regard to the access of competent authorities to centralized bank accounts registers through a single access point] shall be granted immediate and unfiltered access to the information on payment and bank accounts and safe-deposit boxes in other Member States available through the single access point interconnecting the centralised automated mechanisms. Member States shall cooperate among themselves and with the Commission in order to implement this paragraph.
Amendment 605 #
Proposal for a directive
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Member States shall ensure that the staff of the national FIUs and competent authorities, entitled to access through the single access point, maintain high professional standards of confidentiality and data protection, are of high integrity and are appropriately skilled.
Amendment 607 #
Proposal for a directive
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7a. The European Commission shall ensure that the staff of the European competent authorities having access through the single access point is subjected to high professional standards in terms of confidentiality and data protection, and that the staff is of high integrity and possesses the appropriate skills.
Amendment 633 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
FIUs, national asset recovery authorities, and other national competent authorities involved in the framework of the fight against money laundering/terrorist financing and fight against organised crime shall be granted direct and immediate access to the information referred to in the first subparagraph.
Amendment 657 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
By [1 year after the date of transposition of this Directive], AMLA shall issue guidelines addressed to FIUs on the nature, features and objectives of operational and of strategic analysis, and, in particular, on the need to further provide these analyses to the investigation and prosecution authorities fighting against money laundering, related predicate offences, terrorist financing and organised crime.
Amendment 660 #
Proposal for a directive
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. Each FIU shall be operationally independent and autonomous, which means that it shall have the authority and capacity to carry out its functions freely, including the ability to take autonomous decisions to analyse, request and disseminate specific information in compliance with existing EU data protection rules. It shall be free from any undue political, government or industry influence or interference.
Amendment 667 #
Proposal for a directive
Article 17 – paragraph 7
Article 17 – paragraph 7
7. Each Member States shall ensure that its FIU is able to make arrangements or engage independently with other domestic competent authorities and EU bodies involved in the framework of combating money laundering, related predicate offences, terrorist financing and the fight against organised crime pursuant to Article 45 on the exchange of information.
Amendment 708 #
Proposal for a directive
Article 18 – paragraph 1 – point c – point ii
Article 18 – paragraph 1 – point c – point ii
(ii) any type ofrelevant information or data which is held by public authorities or by private entities in the context of preventing, detecting, investigating or prosecuting criminal offences and which is available to competent authorities without the taking of coercive measures under national law.
Amendment 711 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Where there are objective grounds to believe that the provision of such information would have an adverse effect on ongoing investigations or analyses, or, in exceptional circumstances, where the disclosure would be manifestly disproportionate to the legitimate interests of a natural or legal person for which it has been requested or inappropriate, the law enforcement authority may, with appropriate justification, deny access to information to the FIU.
Amendment 786 #
Proposal for a directive
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Following a peer review in accordance with Article 17 (7a), the AMLA may temporarily restrict access to FIU.net for a specific FIU where the peer review report concludes that the requirements relating to the independence, integrity, professionalism, confidentiality or security of the FIU are not met. , as referred to in Article 17. The decision to impose this measure is taken by the AMLA General Board in the FIU's composition by unanimity, as the affected FIU does not vote.
Amendment 823 #
Proposal for a directive
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) information on third countries or territories identified pursuant to Section 2 of Chapter III of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final];
Amendment 922 #
Proposal for a directive
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. Member States shall ensure that a decision imposing an administrative sanction or measure for breach of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] against which there is no appeal shall be published by the supervisors on their official website immediately after the person sanctioned is informed of that decision and all administrative internal and judicial review procedures have been exhausted. The publication shall include at least information on the type and nature of the breach and the identity of the persons responsible. Member States shall not be obliged to apply this subparagraph to decisions imposing measures that are of an investigatory nature.